Company withholding wages and P45

[pixiedust]

Hi All

I have a few questions on how to proceed in my situation with my ex employer and i really need some advice. Before i get to my questions i feel i need to explain the background of whats been going on so you can understand the situation better, its a bit of a long story so please bare with me!

I recently left my job of 2 years without working the required 2 weeks notice. I know this is a dumb move and believe me this is not something i ever thought i would consider doing because i was aware of the consequences of my actions, but unfortunately i had reached my breaking point and i could not tolerate working in that environment for a minute longer. Luckily my family were aware of my situation and so they support my decision.

Since then i have confirmed my resignation with HR via telephone and email and they have accepted. I then received an email from the company with a bill for 2 weeks wages stating that as i had not worked the two weeks notice required they would like this by cheque by the end of the month and that they had deducted the value of 3 days that i had worked (wages owed to me) and that i should pay the remaining value.

This didn't seem right to me so i sought advice from ACAS who informed me that i did not need to pay the company for days i had not worked and that i am entitled to be paid for the 3 days i have worked and to be sent my P45. They advised i make the company aware of this and await my final wage slip and P45 to see if any deductions are made and contact them if this is the case.

I followed this advice and have waited 3 weeks and still not received my final wage slip or P45 from the company and it is now past the date the company pays its employees. As they are withholding wages i wont be getting my final pay slip or my p45 which worries me because i know i need this for a future employer and i also have no proof of wage deductions to go back to ACAS with.
I'm frightened to get into a legal battle over 3 days pay as i know i am in the wrong for not working my notice and as i am now unemployed its not something i can afford.

I would like to know if you are you able to start a new job without a P45? and if i should i cut my losses with regards to the pay owed as i was in the wrong for quitting? also what is the best way to proceed with this moving forward? i have requested the p45 and wage slip again but have had no response.

I would be grateful for any advice on this matter thank you for taking the time to read.

Pixie

[Amethyst]

Re: Company withholding wages and P45

Hi Pixie and welcome to LB xx

A new employer doesn't need to have your P45, you might go on emergency tax for a little while if/when you start at your new job though. Legally they are obligated to send you your P45, if they are continuing to ignore you then you can contact HMRC and explain to them your employer isn't sending you yours.

When you calculated your final pay did you account for holiday accrued etc - could you use that in lieu of notice ?

Also not quite sure I'm with you on the pay less 3 days - if they paid you for the full two weeks, and you then repaid them it less the three days, you have been paid for the three days ? ( I have probably got confused there )

[pixiedust]

Re: Company withholding wages and P45

Hi Amethyst thank you for your understanding and helpful response,

I feel better about the P45 i will contact HMRC and let them know whats happening.

Sorry if i didn't explain the strange bill they sent me very well, the company director is a bit of a wheeler dealer type and this bill is a con to scare me into paying him money he isn't entitled to.
I left the company 3 days after i had been paid so they owed me 3 days wages for the days i worked after the last pay. I do not owe them any money/holidays ect and they never paid me in advance for 2 weeks notice.

The bill the director sent me said that because i didn't work the 2 weeks notice i must pay him the 2 weeks notice in money minus 3 days i worked before i quit so according to him i must pay the equivalent of 7 days wages. Basically he was asking me for payment for days i didn't work/haven't been paid for and trying to get money out of me that he is not entitled to and refusing to pay the wages for the days i have worked.

Needless to say any guilt i had about leaving that company was quickly gone after receiving that email!

[Amethyst]

Re: Company withholding wages and P45

lol. So he owes you for three days, basically.

He 'COULD' in essence sue you for breach of contract for leaving before notice period etc, for cost of replacing you, stop you working for a direct competitor, and so on, but that's usually senior management 3 months notice etc stuff .... so it is very unlikely unless you really really upset him as his chances of success are very VERY minimal.

So you hadn't accrued any holidays, didn't owe any holidays ( you'd basically taken the days built up that year to date?) You weren't paid in advance ever, only in arrears, and there's just the 3 days since your last pay.... ACAS agree with you on that side so I wouldn't worry.

The final pay slip should be for the three days only then really.

Now,

i had reached my breaking point and i could not tolerate working in that environment for a minute longer

have you worked there just OVER two years ? Was it an issue that had been raised with HR, bullying/harassment that kind of thing ? or just a really tedious soul destroying job ?

[pixiedust]

Re: Company withholding wages and P45

Thanks i appreciate your advice a lot, yes i worked at the company just over 2 years.
I didn't raise any issues with HR just with my supervisor who the management never took seriously. There was a lot of problems that kept building and going unresolved but how the management treated the staff bothered me most and the increasing workload and responsibilities with no prospect of pay rise.

[ostell]

Re: Company withholding wages and P45

You don't owe them anything for holidays taken but not earned but do the company owe you anything for holiday due and not taken? This should also be in your final pay packet if any is due

[teaboy2]

Re: Company withholding wages and P45

lol. So he owes you for three days, basically.

He 'COULD' in essence sue you for breach of contract for leaving before notice period etc, for cost of replacing you, stop you working for a direct competitor, and so on, but that's usually senior management 3 months notice etc stuff .... so it is very unlikely unless you really really upset him as his chances of success are very VERY minimal.

So you hadn't accrued any holidays, didn't owe any holidays ( you'd basically taken the days built up that year to date?) You weren't paid in advance ever, only in arrears, and there's just the 3 days since your last pay.... ACAS agree with you on that side so I wouldn't worry.

The final pay slip should be for the three days only then really.

Now,

have you worked there just OVER two years ? Was it an issue that had been raised with HR, bullying/harassment that kind of thing ? or just a really tedious soul destroying job ?

Actually that might not necessary be the case. If the OP resigned with immediate effect i.e. making clear they would not be working their notice, and the employer accepted this, then that is mutual termination and therefore there is no breach of contract regarding notice period, as the term for notice would have been varied by mutual agreement!

So basically the employer couldn't claim a turd out or a sewage pipe let alone 2 weeks (minus 3 days) pay for not working notice, if they accepted the OP's resignation with immediate effect.